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2021 Supreme(HP) 176

TARLOK SINGH CHAUHAN
Ram Lal – Appellant
Versus
Jethu Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sudhir Thakur, Sr. Advocate with Mr. Karun Negi, Advocate.
For the Respondent:Mr. Ramakant Sharma, Sr. Advocate with Mr. Basant Thakur, Advocate.

JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. By medium of this application, the applicants have sought condonation of 56 days delay in filing of the review petition. A perusal of paragraphs 2 and 3 of the application disclose sufficient cause which prevented the applicants from filing the appeal within the prescribed period of limitation. Accordingly, the aforesaid delay is condoned. The application stands disposed of. Review Petition be registered.

Review Petition No. 22 of 2021

2. By medium of this petition, the petitioners have sought review of judgment dated 22.08.2019 passed in RSA No. 38 of 2007 solely on the ground that the judgment so passed is a nullity on account of failure of the appellant to bring on record the legal heirs of deceased defendant Dhani Ram son of Sewak Ram, who was arrayed as respondent No. 7(a) in RSA No. 38 of 2007.

3. It is vehemently contended by Shri Sudhir Thakur, learned Senior Advocate duly assisted by Shri Karun Negi, Advocate, that it is more than settled that a decree passed in favour of a dead person is nullity in the eyes of law.

4. On the other hand, Shri Ramakant Sharma, learned Senior Advocate duly assisted by Shri Basant Thakur, Advocate submits that

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